Women's Reproductive Rights In Nigeria

LAW AND MEDICINE (PUL 404)

WOMEN’S REPRODUCTIVE RIGHTS; THE NIGERIAN REALITY

ABSTRACT

The paper attempts to examine the reproductive rights of women in Nigeria. It also analyses the meaning, history of reproductive rights and the legal framework and policy (local and international) established to protect these rights in Nigeria. The paper also attempts to identify the factors inhibiting the protection of the reproductive rights of women in Nigeria

The paper then concludes by making recommendations on the possible ways to safeguard the reproductive rights of Nigerian women.

INTRODUCTION

The issue of women’s reproductive rights is a subset of the issue of women’s human rights particularly in the context of the social and economic status of women

This concept of reproductive rights flows from the concept of reproductive health, therefore, an idea of what reproductive health means will help for better understanding of the concept of reproductive rights.

Reproductive health was defined in Para 7.2a of the UN Programme of Action adopted at the International Conference on Population and Development, Cairo, 5-13 September 1994 as “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. It, therefore, implies that people are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so. ”

Reproductive rights, on the other hand, are basic legal rights and freedoms relating to reproduction and reproductive health.

According to World Health Organisation (WHO), Reproductive rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. They also include the right to make decisions concerning reproduction free of discrimination, coercion, and

The 1968 Proclamation of Teheran states: "Parents have a basic human right to determine freely and responsibly the number and the spacing of their children and a right to adequate education and information to do so.”

In 1979, this right was also recognised in the CEDAW adopted during UN Decade for Women. During the 1992 UN Conference on Environment and Development held in Rio de Janeiro, the right to decide on the spacing of one’s children was restated in its agenda.

In 1994, the UN Programme of Action adopted at the International Conference on Population and Development (ICPD), held in Cairo noted that “reproductive rights embrace certain human rights that are already recognized in national laws, international human rights documents and other consensus documents. These rights rest on the recognition of the basic rights for all couples and individuals to decide freely and responsibly the number, spacing, and timing of their children and to have the information and means to do so, and the right to the highest attainable standard of sexual and reproductive health. They also include the right of all to make decisions concerning reproduction free of discrimination, coercion, and violence, as expressed in human rights